BASSETERRE, St. Kitts – A 21-year-old of Parsons Village yesterday (Mar. 1) walked out of the Basseterre High Court of Justice a happy man after a 12-member jury had found him not guilty of unlawful wounding and wounding with intent.
Led by O’Neil Simpson, the prosecution team had alleged that Julian Benjamin had wounded Xavier Gumbs in Parsons Village sometime after 3:00 p.m. on January 1, 2010.
The case began on February 23 and the prosecution team had called on five witnesses, including the virtual complainant, to support its claims.
Gumbs told the court that on the day in question he was walking on the Island Main Road in Parsons Village with his cousin, who was pregnant at the time.
Gumbs said Benjamin was also on the road and, as they were about to pass him, the accused instantly attacked him.
He also told the court that earlier that day they were engaged in a verbal exchange, but there was none immediately before Benjamin attacked and hit him with a board on his face, which had caused some degree of damage to his nose.
Benjamin was represented by attorney Chesley Hamilton who called two witnesses to support the claim that Gumbs had initiated the attack and that his client responded in self defence.
Hamilton also called Benjamin to testify and he stated that there was an altercation between himself and Gumbs but denied hitting him across the face with the board.
He told the court that while Gumbs was walking past him, he (Gumbs) had made a remark about him to a young woman who was sitting with them.
The accused said Gumbs told the young lady if he, Benjamin, were her boyfriend she would contract a disease from him.
Benjamin said they had an exchange of words and Gumbs stumbled on his bicycle and hit his face causing his nose to be damaged. He told the court that he then picked up a stick, ran up to Gumbs and hit him across his back.
After the jury had returned the not guilty verdict, His Lordship Justice Errol Thomas told Benjamin he was free to go.
